Allahabad High Court
C/M D.A.V. Inter College And Another vs State Of U.P. And Others on 27 September, 2010
Author: V.K. Shukla
Bench: V.K. Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 18 Case :- WRIT - A No. - 58805 of 2010 Petitioner :- C/M D.A.V. Inter College And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- Gautam Baghel,Sri. P. S. Baghel Respondent Counsel :- C. S. C. Hon'ble V.K. Shukla,J.
Learned standing counsel has accepted notice on behalf of respondent Nos. 1, 2, and 3. Issue notice to respondent No.4. Sri Alok Dwivedi, Advocate has entered appearance on behalf of respondent No. 5.
Each one of respondents is granted six weeks' time to file counter affidavit. Rejoinder affidavit may be filed within next two weeks.
List thereafter.
In the present case, District Inspector of Schools exercising the provisions of U.P. Act No. 24 of 1971 has issued directives to the Committee of Management qua entitlement of leave to the petitioner. This Court in the case of Mohd. Nazam Siddiqui vs. Principal, Hamidia Girls Degree College, Allahabad, 2009 (8) ADJ 112, has considered the entire law on the subject of grant of leave, authority and jurisdiction of the Managing committee vis-a-vis District Inspector of Schools.
In view of the aforementioned judgment, prima facie there appears to be transgression in the directives issued by the District Inspector of Schools, as such till the next date of listing operation of impugned order dated 06.09.2010 passed by the District Inspector of Schools shall be kept in abeyance.
Order Date :- 27.9.2010 SRY